Employment contract terminates by notice being given

AUAS can only terminate your permanent employment contract (D-2) if it has a valid reason (ground for dismissal) for doing so, and no prohibition of termination applies.

Various grounds for dismissal can be used to justify termination of an employment contract (under certain conditions):

-Economic reasons: for example, jobs are cut due to a reorganisation

-Long-term incapacity for work: if you have been incapacitated for work for two years (or more)

-Personal reasons:

Frequent sickness absence: if the consequences for AUAS are too serious
Unsatisfactory performance: if you perform inadequately and are not suitable for your position
Imputable acts or omissions: this can include theft, forging of diplomas or refusal to perform work, for instance.
Serious conscientious objections: objection on religious, moral or ethical grounds.
Damaged working relationship: if the working relationship between you and AUAS is so badly damaged, that repairing this relationship is no longer possible.
Other circumstances: if you are incarcerated or you do not have a valid work or residence permit.
A combination of the above personal reasons for dismissal. This is referred to as the cumulation ground.

Prohibition of termination

If a prohibition of termination applies, AUAS is not permitted to terminate your employment contract. This applies, for instance, during your first two years of illness or if, after having been ill for two years, you are less than 35% incapacitated for work according to the Employee Insurance Agency (UWV), if you are pregnant or on maternity leave, if the employment is terminated on the basis of religion, race, gender, age, disability (discrimination), if you want to take parental leave or because you are a member of the Representative Advisory Council or a union.

How is your employment contract terminated?

If your supervisor/manager wants to terminate your employment contract, that can be done in various ways: via the Dismissal Committee for the higher professional education sector, the UWV or the subdistrict court or with the consent of both sides. Depending on the reason for the termination, one of these means will be used:

Termination via the Dismissal Committee for the higher professional education sector or the UWV

If AUAS wants to terminate your employment contract for economic reasons, AUAS requests the permission of the Dismissal Committee for the higher professional education sector (Dutch) to do this. This committee is authorised to grant permission for dismissals within the higher professional education sector instead of the UWV. As soon as AUAS has submitted the request to the Committee, the Committee will give you the opportunity to put forward a written defence.

If AUAS wants to terminate your employment contract because you are no longer capable of performing your duties after being ill for two years, then AUAS can request a dismissal permit from the UWV.

If the Dismissal Committee or the UWV grants permission for your employment contract to be terminated, you will receive notification to this effect from AUAS within four weeks. This notification will state that AUAS is terminating the employment contract and the date on which the employment contract will end, with due consideration for the notice period.

Termination via the subdistrict court

AUAS can submit a petition for termination of your employment contract if the ground for dismissal is personal in nature (see ‘Grounds for dismissal’).

There are three steps involved in the dismissal procedure via the subdistrict court:

AUAS submits a petition (letter) to terminate the employment contract.
During a hearing at the subdistrict court, both you and AUAS provide an explanation.
The subdistrict court judge issues their decision on the application for dismissal.

If the subdistrict court judge terminates your employment contract, they will determine the date on which the employment contract will end, with due consideration of the notice period of at least one month. A shorter notice period is possible only if you have committed a serious imputable act. The subdistrict court judge also considers whether a prohibition of termination applies and determines whether there is an entitlement to compensation.

Termination with the consent of both parties

If AUAS wants to terminate your employment contract, you can also arrange this among yourselves. This avoids the need for a dismissal procedure via the UWV, the Dismissal Committee for the higher professional education sector or the subdistrict court. Whether or not you cooperate with this has no bearing on any right you may have to unemployment benefit. The initiative for the termination lies with AUAS.

You and your supervisor/manager will reach agreements in close consultation concerning the terms on which your employment contract will end. These agreements can relate, among other things, to your last working day, holiday days, outplacement, unemployment and unemployment over and above the statutory entitlement and reimbursement of the costs incurred for legal advice. The agreements are laid down in a termination agreement, i.e. a settlement agreement (VSO). AUAS recommends that you obtain legal advice in this process.

As soon as you have signed the VSO, you can change your mind without stating reasons within a period 14 days of the date of signature. This is referred to as the employees’ right of withdrawal. You must, however, do this in writing.

Notice period

As the employer, AUAS must observe a notice period of three months plus a week for each year in which, as from the age of 45, you have been employed with AUAS, up to a maximum of 13 weeks (up to 26 weeks in total). In consultation with your supervisor/manager, you can also agree a shorter notice period. A notice period of one month must be observed if the employment contract is terminated after the state pension age has been reached.

If the employment contract is terminated due to long-term sickness, the statutory notice period applies. This varies from one to four months, depending on your employment at AUAS. However, if the employment contract is terminated after two years of illness on account of a disability or chronic illness, the notice period stipulated in the CAO HBO applies (see paragraph above).